PETITION FOR RETURN OF FIREARM(S) PETITIONER S CHECKLIST Step One - Fill out the Petition Print the packet for free online or pay $.75 for the packet at the Clerk s office Before you file a PETITION FOR RETURN OF FIREARM(s) you will need to complete the following documents: Petition for Return of Firearm(s) make 2 copies o (1) Original filed with the Clerk, (1) Copy to be served on the Law Enforcement Agency and (1) Copy for your records The Clerk will assign a case number so leave that line blank. Step Two - File Petition with the Clerk To file a PETITION FOR RETURN OF FIREARM(s) you will need to file the following documents with the Clerk s office: Petition for Return of Firearm(s) with a copy of the report from the law enforcement agency detailing the circumstances which led to the taking of the firearm(s) attached. The Clerk will assign the case number. Write the case number on the Petition, Notice of Hearing and Order. Step Three - Serve copies of the Petition Serve a copy of the completed Petition on the Law Enforcement Agency (via hand delivery or mail) pursuant to the certificate of service) Step Four - Schedule a Hearing You need to schedule a hearing with the Judges Judicial Assistant. Call 727-582-7272 to schedule a hearing Fill out the Notice of Hearing including the case number (1) Copy to be served on the Law Enforcement Agency no later than 14 days before the hearing (1) Copy for the Judges Office no later than 14 days before the hearing Honorable Anthony Rondolino 545 1st Ave N #317 St. Petersburg, FL 33701 Step Five - Attend the Hearing The Judge will need an unsigned copy of the order to sign. Fill out the unsigned order through line number 5. (The Judge will date and sign the order.) Take any exhibits, forms, reports or documents required in the Administrative Order No. 2016-006 PI-CIR - Section 2 to the hearing for the Judge to review. Created 02/2016 FIREARM PETITION
IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT OF THE STATE OF FLORIDA IN AND FOR PINELLAS COUNTY CRIMINAL DIVISION Petitioner, v. Case Number:----------- Respondent (Law Enforcement Agency). PETITION FOR RETURN OF FIREARM(S) COMES NOW, Petitioner,, and hereby requests an order directing Respondent to return his/her firearm(s) and/or ammunition and as grounds would state as follows: 1. On, the took the following firearm(s) (Date) and/or ammunition: (Specifically identify the firearm(s) and/or ammunition sought to be returned, including the make, model, caliber, and/or gauge of each firearm and the amount and type of ammunition. Attach a separate sheet, if necessary.) 2. I have attached a copy of agency report from the (Agency report number) ----------------that describes the circumstances leading to the taking of the above property. 3. The firearrn(s) (and, if applicable, ammunition) is/are my personal property. I have included copies of any supporting documentation. 4. The firearm(s) and/ or ammunition is/are not the fruit of criminal activity and was/were not involved in criminal activity. 5. The ftrearm(s) and/or ammunition is/are not being held as evidence by the law enforcement agency. 6. To the best of my knowledge, located at Sixth Circuit Administrative Order 2016-006 -Attachment A Page 1 of3
------,----,-----:---=-------:---is in possession of the firearm(s) and/or ammunition. (Address of law enforcement agency) 7. I am not prohibited from possessing a firearm and/or ammunition under any provision of Florida or federal law. 8. I have not been convicted of a misdemeanor crime of domestic violence, and I have not had adjudication of guilt withheld or imposition of sentence suspended on any misdemeanor crime of domestic violence unless 3 years have elapsed since probation or any other conditions set by the court have been fulfilled or expunction has occurred. 9. I am not prohibited from possessing a firearm and/or ammunition pursuant to the terms of any pretrial release, bond, probation, or any other type of community supervision or court program. 10. I was/was not (circle one) Baker Acted as a result of this incident or otherwise. (Note: If the petitioner has been Baker Acted, the petitioner must provide the Judge with a copy of the documents furnished to the petitioner or the petitioner's representative by the facility, upon or after discharge of the petitioner from the facility, which contain any evaluations, diagnosis, prognoses, recommended course of treatment, and recommended or prescribed medications.) 11. I do not have an active Domestic Violence Injunction or a Repeat Violence Injunction against me. 12. I do not have a Domestic Violence Injunction or a Repeat Violence Injunction pending against me. 13. I have not been adjudicated mentally defective as defined by section 790.065(2)(a)4.a., Florida Statutes, or if I had been adjudicated mentally defective, I have had my capacity restored by a court for at least 5 years from today's date. 14. I have not been committed to a mental institution as defined in section 790.065(2)(a)4.b., Florida Statutes, or if I had been committed to a mental institution, I possess a certificate from a licensed psychiatrist that I have not suffered from a mental disability for at least 5 years since the commitment to a mental institution. 15. My date of birth is:----------- (Date of birth) WHEREFORE, Petitioner requests that the Court order Respondent to return the above firearm(s) and/or ammunition to Petitioner. Sixth Circuit Administrative Order 2016-006- Attachment A Page 2 of3
Under penalties of perjury, I declare that I have read this petition and that the statements in it are true and correct. Signed this day of, 20. (Petitioner's signature) (Petitioner's address) (Petitioner's city, state, zip code) (Petitioner's telephone number) (Petitioner's e-mail address, if applicable) CERTIFICATE OF SERVICE I hereby certify that a copy of this Petition for Return offirearm(s) has been furnished to Respondent'------------------~----~------------------------------------ J (Address of law enforcement agency) by U.S. mail or by hand delivery to the law enforcement agency's front desk on this day of 20 (Petitioner's signature) Sixth Circuit Administrative Order 2016-006 -Attachment A Page 3 of3
IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT OF THE STATE OF FLORIDA IN AND FOR PINELLAS AND PASCO COUNTIES CRIMINAL DIVISION Petitioner, v. Case Number: ---------------- Respondent. NOTICE OF HEARING TO: (Name, legal counsel) (Street address) (City, State, Zip) YOU ARE HEREBY NOTIFIED that the Petitioner's Petition for Return offirearm(s) has been scheduled for a hearing before the Honorable --' m (Judge name) Courtroom ------ at the on the day ----------------------------------~ ----- (Courtroom number) (Courthouse name) (Day) of 20 _, at : a.m. I p.m. or as soon thereafter as may be heard. (Month) (Year) (Time) (Circle one) DATED this day of, 20 Respectfully submitted, (Petitioner's signature) Copies furnished to: Courtesy copy to Judge (Petitioner's address) (Petitioner's city, state, zip code) (Petitioner's telephone number) (Petitioner's e-mail address, if applicable) Sixth Circuit Administrative Order 2016-006- Attachment B Page 1 of I
IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT OF THE STATE OF FLORIDA IN AND FOR PINELLAS COUNTY CRIMINAL DIVISION Petitioner, v. Case Number: -------------------- Respondent (Law Enforcement Agency). ORDER ON PETITION FOR RETURN OF FIREARM(S) THIS CAUSE came before the Court on Petitioner's Petition for Return of Firearm(s). The Court having reviewed the Petition, taken testimony, heard argument, and being otherwise fully advised in the premises, it is: ORDERED AND ADJUDGED that Petitioner's Petition for Return of Firearrn(s) is hereby GRANTED I DENIED as to the following fuearm(s): 1. 2. 3. 4. 5. DONE AND ORDERED tn County, this day of, 20 Copies furnished to: Petitioner Respondent Circuit Court Judge Sixth Circuit Administrative Order 2016-006 - Attachment C Page I of I